BILL NUMBER: AB 1477	CHAPTERED  09/21/99

	CHAPTER   450
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN ASSEMBLY   MAY 10, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Committee on Agriculture (Cardoza (Chair), Florez,
Reyes, Thomson, and Wiggins)

                        FEBRUARY 26, 1999

   An act to amend, repeal, and add Section 6723 of the Food and
Agricultural Code, relating to agriculture.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1477, Committee on Agriculture.  Agriculture:  nursery stock.
   (1) Existing law requires nursery stock sellers to be licensed by
the Department of Food and Agriculture.  Existing law requires the
Secretary of Food and Agriculture to establish the minimum license
fee in an amount not to exceed $100 and authorizes the secretary to
fix the minimum license fee at an amount that is less than $100.
   This bill, instead, and until July 1, 2005, would require the
secretary to establish the minimum license fee at an amount not to
exceed $180, and would authorize the secretary to fix the minimum
license fee at an amount that is less than $180.
   (2) Existing law requires, as an additional license fee, an
acreage fee in an amount to be established by the secretary for land
used in the production, storage, or sale of nursery stock in excess
of one acre, which the secretary determines is necessary to carry out
these provisions of, or any portion of, the Food and Agricultural
Code.  Existing law also specifies that the total acreage fee shall
not be less than $25 nor more than $500, for each licensee.
   The bill would raise this maximum total acreage fee, which the
secretary establishes, from $500 to $900 for land used in the
production, storage, or sale of all nursery stock in excess of one
acre.  In addition, the bill would exempt from this acreage fee
prescribed licensees.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6723 of the Food and Agricultural Code is
amended to read:
   6723.  (a) The secretary shall establish the minimum license fee
at an amount not to exceed one hundred eighty dollars ($180).
   (b) The secretary may fix the minimum license fee at an amount
that is less than one hundred eighty dollars ($180) and may adjust
the license fee if, after investigation and due notice, the secretary
finds that the cost of administering this division and Chapter 5
(commencing with Section 53301) of Division 18, which relate to
nursery stock, can be defrayed from revenues derived from the license
fee in combination with those sums as provided by Sections 435 and
5822.
   (c) Both of the following amounts shall be added as an additional
license fee to the license fee established pursuant to subdivisions
(a) and (b):
   (1) An equal sum for each branch salesyard, store, or sales
location that is owned and operated by the applicant in the state.
   (2) (A) An acreage fee in an amount to be established by the
secretary for land used in the production, storage, or sale of all
nursery stock, except as provided in subparagraph (B), in excess of
one acre, which the secretary determines is necessary to carry out
this part and any portion of this code that relates to nursery stock.
  The total acreage fee shall not be less than twenty-five dollars
($25) nor more than nine hundred dollars ($900) for each licensee.
The acreage fee shall be calculated using as a basis the total of the
acreage at all locations where nursery stock is produced, stored, or
sold.
   (B) Subparagraph (A) does not apply to those licensees whose gross
income from the production of cut flowers and cut ornamentals is 75
percent or greater of the gross income of their nursery.
   (d) As to all the fees, the secretary may require payment of
prorated amounts when necessary in the issuance of new licenses for
branch salesyards, stores, or sales locations to persons already
licensed pursuant to the licensing periods established in Section
6724.
   (e) This section shall become inoperative on July 1, 2005, and as
of January 1, 2006, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 2.  Section 6723 is added to the Food and Agricultural Code,
to read:
   6723.  (a) The secretary shall establish the minimum license fee
at an amount not to exceed one hundred dollars ($100).
   (b) The secretary may fix the minimum license fee at an amount
that is less than one hundred dollars ($100) and may adjust the
license fee if, after investigation and due notice, the secretary
finds that the cost of administering this division and Chapter 5
(commencing with Section 53301) of Division 18, which relate to
nursery stock, can be defrayed from revenues derived from the license
fee in combination with those sums as provided by Sections 435 and
5822.
   (c) Both of the following amounts shall be added as an additional
license fee to the license fee established pursuant to subdivisions
(a) and (b):
   (1) An equal sum for each branch salesyard, store, or sales
location that is owned and operated by the applicant in the state.
   (2) (A) An acreage fee in an amount to be established by the
secretary for land used in the production, storage, or sale of all
nursery stock, except as provided in subparagraph (B), in excess of
one acre, which the secretary determines is necessary to carry out
this part and any portion of this code that relates to nursery stock.
  The total acreage fee shall not be less than twenty-five dollars
($25) nor more than nine hundred dollars ($900) for each licensee.
The acreage fee shall be calculated using as a basis the total of the
acreage at all locations where nursery stock is produced, stored, or
sold.
   (B) Subparagraph (A) does not apply to those licensees whose gross
income from the production of cut flowers and cut ornamentals is 75
percent or greater of the gross income of their nursery.
   (d) As to all the fees, the secretary may require payment of
prorated amounts when necessary in the issuance of new licenses for
branch salesyards, stores, or sales locations to persons already
licensed pursuant to the licensing periods established in Section
6724.
   (e) This section shall become operative on July 1, 2005.
